Vol. 540 No. 1
409 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the reason there have been no prosecutions for breaches of sections 2 and 3 of the Prohibition of Forceable Entry and Occupation Act, 1971, in recent times; and if he will make a statement on the matter. [19597/01]
421 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the reason the Criminal Justice (Public Order) Act, 1994, or the Pro hibition of Forceable Entry and Occupation Act, 1991, is not invoked by the Garda where a person or persons, alone or with others, occupies public or private property, remains there indefinitely, seeks to obtain money by use of menaces and causes wilful damage and uses threatening behaviour; and if he intends to issue any directions in this regard. [19775/01]
I propose to take Questions Nos. 409 and 421 together.
I am informed by the Garda authorities that the precise circumstances of each case determines whether or not a breach of the criminal law has taken place and that unless a criminal charge can be sustained by supporting evidence, a prosecution cannot proceed. I am further informed that, in the absence of specific information on the background of any particular incident, it is not possible to comment generally on the implementation of the legislation referred to by the Deputy.
I have been assured by the Garda authorities, however, that any alleged or suspected breach of the criminal law associated with or arising from a civil trespass is fully investigated by the Garda Síochána and, if supported by sufficient evidence, will result in the institution of court proceedings.
